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After how long someone can go home country? submitted by MoniLink in Legal advice

Hello good people in this community!

After getting a positive from BAMF how many years normally have to wait to visit his/her home country? If parents are sick can someone get special permission to visit home country?

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by Thor (Wefugees)

Hello @MoniLink

The refugee council of Lower Saxony provides the following information:

"Von einer Reise in Ihr Herkunftsland sollten Sie als in Deutschland anerkannter Flüchtling, wenn möglich, absehen, auch wenn Ihnen dies dringend notwendig oder momentan wenig gefährlich erscheint. Sie wurden anerkannt, weil Sie in Ihrer Heimat Verfolgung befürchten müssen. Erfahren die Behörden von Ihrer Heimreise, erlischt Ihr Flüchtlingsstatus."

It says that you risk to lose your residence permit by going back to your home country. If authorities find out they will assume that the situation in your home country got better and that they no longer have to provide protection for you. Therefore your asylum status will be withdrawn.

Source: nds-fluerat.org/leitfaden/...

As far as I can see there is no specific waiting time after which this rule is suspended. Maybe Jans suggestion is a loop hole that you can try.

Best regards,
Thorgen

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by Jan

Hello,

as far as I know you have to ask your aliens authority for a certificate of exemption to visit your home country. It probably won't be easy to get it, travelling home could compromise your asylum status or your residence permit (Source: tinyurl.com/n27vxez).

Best regards
Jan

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by meninaluisa

It certainly depends upon your homecountry, your kind of refugee status. And the kind of staying permit you have here. As long as you have an Aufenthaltserlaubnis, you might travel to your homecountry, but with this you risk not getting back to germany or at least your Aufenthaltserlaubnis not being prolonged anymore.
When you have a status called "Niederlassungserlaubnis", as far as I know, they don't check anymore for prolongation (as long as you haven't been away from germany for more than 6 months), it always goes as long as your passport. So you could visit your home country, but still you are a citizen of this country and might be subject to persecution there again.
You might only safely go, if you changed nationality to German. This is possible in the earliest cases after 8 years of having Aufenthaltserlaubnis or Niederlassungserlaubnis.

*** This is just as far as I'm informed, I am not a lawyer and cannot give a guarantee on legal advice***

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Thanks a lot Luisa!
MoniLink
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